CENTURION NEW YORK APP BY AMERICAN EXPRESS®
(“Centurion New York App”)
END USER LICENSE AGREEMENT
(“End User License Agreement”)
Last Modified: 25th January 2023
PLEASE REVIEW THE TERMS OF THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE CENTURION NEW YORK APP, BECAUSE BY DOWNLOADING OR USING THE CENTURION NEW YORK APP YOU WILL HAVE INDICATED YOUR ACKNOWLEDGEMENT AND AGREEMENT TO EACH TERM, CONDITION, AND DISCLAIMER IN THIS END USER LICENSE AGREEMENT. The End User License Agreement, Terms of Service see: https://www.americanexpress.com/tos (aka Website Rules and Regulations) and Privacy Statement see: http://www.americanexpress.com/privacy are collectively referred to as the “Service Agreements.” All access to and use of the Centurion New York App is subject to and governed by the Service Agreements.
AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., ITS SUBSIDIARIES AND AFFILIATES (“OUR”, “WE”, “US”, “AMERICAN EXPRESS”, “PROVIDER”) WILL PROVIDE THE CENTURION NEW YORK APP TO YOU ONLY UPON ALL OF THE TERMS, CONDITIONS AND DISCLAIMERS CONTAINED IN THE SERVICE AGREEMENTS. IF YOU DO NOT AGREE TO THE TERMS, CONDITIONS AND DISCLAIMERS SET FORTH IN THE SERVICE AGREEMENTS, YOU ARE NOT AUTHORIZED TO STORE OR USE THE CENTURION NEW YORK APP.
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Services.
The Centurion New York App may enable access to and use of American Express’ and/or third party services and web sites (collectively and individually, “Services”). Both access to and use of the Services may require Internet access and that you agree to additional terms and conditions.
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Authority and Capacity
You represent, warrant and covenant that:
you are at least eighteen (18) years old, and you are a U.S. citizen or are physically present in the United States as you access the Centurion New York App; and you are competent and you have the capacity and authority necessary to enter into this End User License Agreement.
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Scope of License.
The Centurion New York App is made available to you on a limited, revocable, and non-transferable basis. It can be used only on a compatible device you own or have explicit permission to possess and use, as permitted by (i) the rules covering permissible conduct contained in the agreement(s) governing your use of Google Play (the “Usage Rules”) and (ii) the Service Agreements.
You may not:
- use the Centurion New York App on any device you do not own or have explicit authorization of the owner to control, use or otherwise install or run the Centurion New York App (e.g. such as where prohibited by applicable security policies in the case of corporate users),
- distribute or make the Centurion New York App available over a network where it could be used by multiple devices at the same time,
- rent, lease, lend, sell, redistribute or sublicense the Centurion New York App, or
- copy (except as expressly permitted by this license and the Usage Rules and the Service Agreements), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Centurion New York App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Centurion New York App).
Any attempt to do so is a violation of the rights of American Express and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by American Express that replace and/or supplement the Centurion New York App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
THE CENTURION NEW YORK APP IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THE SERVICE AGREEMENTS. AMERICAN EXPRESS RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
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No Amendment of Existing Terms and Conditions.
The terms and conditions of this End User License Agreement do not amend, change or replace any other notices or information that you may receive in connection with your American Express Card account, including, without limitation, any information provided to you on your periodic statement or your agreement with American Express governing your Card account (“Cardmember Agreement”) which you can access here: https://www.americanexpress.com/content/dam/amex/en-us/company/legal/cardmember-agreements/public-site-2022-q3-pdf-cmas/cps-charge/centurion-card-09-30-2022.pdf or the Centurion New York Terms & Conditions which you can access here: https://www.aexp-static.com/cdaas/carbon/static/legal-android.html?terms. In case of any conflict between the terms and conditions of this End User License Agreement and your Cardmember Agreement, the terms and conditions of your Cardmember Agreement shall control.
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Feedback.
You hereby irrevocably and unconditionally assign to American Express all right, title, and interest in and to any and all feedback (“Feedback”), including, but not limited to, any and all ideas, expressions, designs, concepts, and improvements proffered, created, conceived, reduced to practice, authored or otherwise provided by you, and all worldwide intellectual property rights therein to be used in any manner and for any purpose whatsoever, without any obligation or compensation to you or anyone else. To the extent that the foregoing assignment is ineffective, in whole or in part, for any reason, you hereby grant to American Express an unrestricted, worldwide, perpetual, irrevocable, royalty-free, paid-up, transferable sublicense and exclusive license to all intellectual property rights in the Feedback in any medium now known or hereafter devised, including the rights to use the Feedback (i) to improve the Centurion New York App, and (ii) in marketing and promotional materials for the Centurion New York App. You understand that your participation is without any compensation or any obligations by American Express or our third-party vendors.
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Push Notifications.
When you are logged into the Centurion New York App, you may receive a message asking if you would like to allow push notifications. Push notifications are a way for an application to deliver information, including alerts, sounds and icon badges, to your mobile device. Push notifications can be delivered whether or not you are currently logged-in to and/or using the application and whether or not your device is in locked and/or in sleep mode.
Your push notifications selections will automatically apply to all devices where you enable push notifications except for certain notifications which must be enabled on a device-by-device basis as indicated in the Centurion New York App.
American Express does not charge a fee for sending push notifications, but fees may be imposed by your carrier or service provider depending on your data plan.
If you do not wish to receive push notifications from us, click “Don’t Allow” or other similar button when prompted. If you allow push notifications from us but later decide you no longer want to receive them, you can adjust your settings in the Centurion New York App menu, if available, or turn them all off through your device notifications settings.
Push notifications can be displayed on a locked or inactive device screen and within the notification tray at the top of the home screen of some devices. Since it is possible to view this information even when your devices are locked, we strongly encourage you to maintain physical control over your devices and/or turn off push notifications if you are uncomfortable with this possibility.
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Fingerprint Login.
We may offer the option to log into the American Express App using Fingerprint. If you have enabled Fingerprint Login on your device, you can turn this feature on or off when prompted or through the American Express App’s settings. You can also disable Fingerprint Login at any time through your device’s Settings under the “Security” section. American Express does not have access to your fingerprint information.
You acknowledge that by enabling Fingerprint Login, you will allow anyone who has a fingerprint stored on your device to access your account on the American Express App. We caution you against storing the fingerprints of others on your device. If you do, please make sure the individuals who have fingerprints stored on your device should be authorized to access the personal and payment information available through the American Express App. American Express reserves the right to suspend or disable this feature at any time. Fingerprint Login can only be associated with one American Express User ID at a time on a device. For information on how Google uses and stores your fingerprint data, please see Google's Android Keystore System documentation.
Call us immediately at the Amex telephone number printed on the back of your Card if you believe your device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization.
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Your Security.
It is solely your responsibility to maintain the physical security of your devices and the confidentiality of the information on your devices. You should keep your devices, your American Express user ID and password and other credentials secure in the same manner as you would keep secure your cash, checks, credit cards, and other personal identification numbers and passwords. We recommend you always use available passcode and device lock features on your devices.
To the extent you recycle or reassign your device to another individual, we recommend you delete the Centurion New York App and remove your data from the device before making such a transfer
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Changes to this End User License Agreement.
American Express reserves the right to revise this End User License Agreement at any time. Upon modification, American Express will update the date indicated after “Last Modified” at the beginning of this document and may also note this End User License Agreement has been modified in the “Legal/Privacy” section of the Centurion New York App. Any modifications to this End User License Agreement will only affect your and our respective rights and obligations from the “Last Modified” date and thereafter. If you do not agree with the modified terms, however, you must immediately then cease using the Centurion New York App. Your continued use of the Centurion New York App constitutes your continued agreement to the terms and conditions, as last modified, herein.
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Collection and Use of Data.
When you are logged into the Centurion New York App, you may be asked to allow “Location Services”. Enabling Location Services allows American Express to access your location to deliver more relevant offers and benefits to your mobile device. You can always adjust your Location Services permissions through your device settings.
In addition, you agree that American Express may collect the following information periodically and without further notice to you as a result of your use of the Services: technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals. You agree that our use of this information is governed by the American Express Privacy Statement see: http://www.americanexpress.com/privacy.
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Termination.
The license granted hereunder is effective until terminated by you or American Express. Your rights granted hereunder will terminate automatically without notice from American Express if you fail to comply with any term(s) of Service Agreements. Upon termination of the license, you must cease all use of the Centurion New York App, and destroy all copies, full or partial, of the Centurion New York App.
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Objectionable Materials.
You understand that by accessing and/or using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to access and/or use the Services at your sole risk and that American Express shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable
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Third Party Materials.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. You acknowledge and agree that American Express is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. American Express does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
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Investment Advice Disclaimer.
All information displayed through any Service, including, without limitation, all financial or other information about American Express, is for convenience and general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through any Service, you should consult with a financial professional. Nothing in any Service constitutes investment advice, including American Express’ filings with the Securities and Exchange Commission. American Express provides investor relations materials for convenience and information only. In addition, investor relations materials and other content are not offers to sell or solicitation of an offer to buy any security. Neither American Express, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information.
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Location Data Disclaimer.
Mapping or location data provided by any Service is for basic navigational and/or informational purposes only and is not intended to be relied upon in situations where precise location information is needed or where inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither American Express, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Service.
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Proprietary Materials.
You agree the American Express Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. The trademarks, logos and service marks ("Marks") displayed on the Centurion New York App and the American Express Services are the property of American Express, its trademark licensors or other parties (and used with permission). You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of American Express or such third party which may own the Marks. No portion of the American Express Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the American Express Services, in any manner, and you shall not exploit the American Express Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that American Express is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
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Languages, Local Rules.
In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to/from your device may only be available in the United States to users who are physically present in the United States. American Express makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
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Modification, Suspension and Discontinuation.
American Express, and its licensors, reserve the right to change, supplement, modify (including without limitation appearance), or suspend, limit, remove, disable or permanently discontinue your access to or use of, the Centurion New York App and any American Express Services at any time without notice or liability. American Express reserves the right to remotely alter, disable or delete the Centurion New York App in whole or in part from your device or any device on which you caused or permitted the Centurion New York App to be uploaded, downloaded or otherwise included, and you shall have no recourse if such alteration, disablement, or deletion causes any kind of interruption or damage to your device.
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NO WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CENTURION NEW YORK APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CENTURION NEW YORK APP AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AMERICAN EXPRESS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CENTURION NEW YORK APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AMERICAN EXPRESS AND ITS SUPPLIERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CENTURION NEW YORK APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE CENTURION NEW YORK APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE CENTURION NEW YORK APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CENTURION NEW YORK APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CENTURION NEW YORK APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
ACCESS AND USE OF THE CENTURION NEW YORK APP AND SERVICES OCCURS ACROSS THE NETWORKS OF A NUMBER OF WIRELESS SERVICE PROVIDERS. AMERICAN EXPRESS DOES NOT OPERATE THESE NETWORKS AND HAS NO CONTROL OVER THE OPERATIONS OF THE WIRELESS SERVICE PROVIDERS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE TRANSMISSION, COMMUNICATION, POST, OR TRANSACTION OR OTHERWISE INTERFERE WITH THE INTEGRITY THEREOF, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. AMERICAN EXPRESS
DISCLAIMS ANY RESPONSIBILITY FOR ANY WIRELESS SERVICE USED TO ACCESS THE SERVICES.
USE OF THE AMERICAN EXPRESS SERVICES WIRELESSLY MAY INVOLVE THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION ACROSS THE NETWORKS OF WIRELESS SERVICE PROVIDERS. BECAUSE WE DO NOT OPERATE OR CONTROL THE WIRELESS NETWORKS USED TO ACCESS AMERICAN EXPRESS SERVICES, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS DATA TRANSMISSIONS. ADDITIONALLY, THE WIRELESS DEVICE BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS INTERNET SERVICE PROVIDER. CHECK WITH YOUR SERVICE PROVIDER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM AMERICAN EXPRESS OVER THE INTERNET FROM A MOBILE DEVICE, AMERICAN EXPRESS RESERVES THE RIGHT TO LIMIT SUCH CONNECTIONS TO “SECURE SESSIONS”THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY (“TLS”). AMERICAN EXPRESS WILL TREAT YOUR DATA IN ACCORDANCE WITH THE AMERICAN EXPRESS PRIVACY STATEMENT.
AMERICAN EXPRESS DOES NOT CHARGE FOR USE OR ACCESS OF THE CENTURION NEW YORK APP. HOWEVER, YOUR WIRELESS SERVICE PROVIDER (INCLUDING WITHOUT LIMITATION ANY ROAMING WIRELESS SERVICE PROVIDER AND ANY WIFI HOT SPOTS) MAY LEVY FEES OR CHARGES FOR TRANSMISSION OR RECEIPT OF MESSAGES AND OTHER COMMUNICATIONS PERFORMED USING YOUR EQUIPMENT ON THE WIRELESS SERVICE PROVIDER NETWORK, AND YOU ARE SOLELY RESPONSIBLE FOR SUCH CHARGES.
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Limitation of Liability.
NOTWITHSTANDING ANY OTHER PROVISION HEREOF, IN NO EVENT SHALL AMERICAN EXPRESS, ITS DIRECT OR INDIRECT SUBSIDIARIES, CONTROLLED AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUE IN CONNECTION WITH OR ARISING OUT OF THIS END USER LICENSE AGREEMENT OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE CENTURION NEW YORK APP OR ANY SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AMERICAN EXPRESS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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Indemnification.
You shall indemnify and hold American Express, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers, employees and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Centurion New York App or any Service, any breach of the terms and conditions set forth in the Service Agreements, by you, or other users of a Service using your access ID or credentials. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
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Lawful Use.
You may not use or otherwise export or re-export the Centurion New York App except as authorized by United States law and the laws of the jurisdiction in which the Centurion New York App was obtained. In particular, but without limitation, the Centurion New York App may not be exported or re-exported (a) into any U.S. embargoed countries or a foreign national of such countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Centurion New York App, you represent and warrant that you are not located in any such country, a foreign national of any such country, or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
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Commercial Status.
The Centurion New York App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States
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Governing Law, Jurisdiction.
This End User License Agreement, and any and all claims arising out of or in connection with the terms and conditions of this End User License Agreement and your use of the Centurion New York App and any American Express Services, shall be governed by and interpreted under the Governing Law section of your Cardmember Agreement, which you can access here: https://www.americanexpress.com/content/dam/amex/en-us/company/legal/cardmember-agreements/public-site-2022-q3-pdf-cmas/cps-charge/centurion-card-09-30-2022.pdf
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Alternative Dispute Resolution.
Any current or future claim, dispute or controversy relating to the Centurion New York App or this End User License Agreement shall be governed by the Claims Resolution section of your Cardmember Agreement, which includes an arbitration provision and which you can access here: https://www.americanexpress.com/content/dam/amex/en-us/company/legal/cardmember-agreements/public-site-2022-q3-pdf-cmas/cps-charge/centurion-card-09-30-2022.pdf
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Notifications.
AndroidTM is a trademark of Google Inc. Third party names are the trademarks and/or registered trademarks of their respective owners. Third party names are the trademarks and/or registered trademarks of their respective owners.
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Need Assistance?
For assistance with the Centurion New York App, please call 1 (877) 877-0987 or the number listed in the “Support” section of the Centurion New York App.